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Ruling: [We have found that pl was an investor, that def had mostly not been negligent in the investment’s failure, but will pay 15,000 NIS as a compromise for not discussing with pl switching to heter mechira earlier. We now deal with some final points.]
While def’s representative at one point admitted to owing more money, he claims that that calculation was a mistake. A claim of a mistaken admission is acceptable in a case where there is a migo, i.e., he could have gotten out of paying in a different way. Regarding an admission in a text message, which is no stronger than a written note, there are several ways to be exempt (see S’ma 126:41). There are also indications of mistake, as several calculations were presented, and it is not logical to take the highest one and say that it is the correct one.
Def’s delay in paying what they admitted caused pl to have to pay extra interest on the mortgage. While this is indirect damage, def accepted upon themselves to pay even for moral obligations for which beit din does not usually obligate. Therefore, we will obligate according to an accountant’s calculation of unnecessary interest payment. Regarding pl’s lost profits, one pays usually only when the plaintiff could have used them for certain profits, which is rare nowadays. However, the money withheld was helpful to def in their [post-Shemitta] operations, and that should be shared with pl. To avoid further expense of hiring an expert, we estimate that value at 20,000 NIS.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
572 - Money Given for Shemitta Observant Farms – Part II
573 - Money Given for Shemitta Observant Farms - Part III
574 - Proper Return of Rented Apartment
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
